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Legislative Assembly for the ACT: 2005 Week 13 Hansard (15 November) . . Page.. 4176..


Schedules of Amendments

Schedule 1

Crimes (Sentencing) Bill 2005

Amendments moved by Mr Stefaniak

1

Clause 10 (2)

Page 7, line 5-

omit

2

Clause 14 (3), note

Page 13, line 14-

omit the note, substitute

Note Section 33 (1) (m) requires the court, in deciding the sentence to be imposed on an offender, to consider the offender's financial circumstances if relevant and known to the court.

3

Proposed new clauses 24A to 24C

Page 23, line 10-

insert

24A Non-association and place restriction orders-suspension while offender in custody

(1) A non-association order or place restriction order for an offender is suspended while the offender is in lawful custody.

(2) The suspension of the non-association order or place restriction order does not operate to postpone the date when the order ends.

(3) The offender is not taken to be in lawful custody only because the offender is serving a sentence by way of periodic detention.

24B Non-association and place restriction orders-contravention

(1) An offender must not engage in conduct that contravenes a non-association order or place restriction order to which the offender is subject.

Maximum penalty: 500 penalty units, imprisonment for 5 years, or both.

(2) Subsection (1) does not apply if-

(a) the offender associated unintentionally with a person in contravention of a non-association order and the offender immediately ended the association; or

(b) the offender otherwise has a reasonable excuse for the contravention.

(3) In this section:

engage in conduct -see the Criminal Code, section 13.


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